EPA v. MONTROSE CHEMCIAL CORPORATION OF CALIFORNIA

Case summary

BY THIS LITIGATION REFERRAL, EPA SEEKS TO RECOVER APPROXIMATELY TWO MILLION DOLLARS ($2,000,000) FOR RESPONSE ACTIVITIES AT A FORMER DICHLORODIPHENYLTRICHLOROETHANE ( DDT ) MANUFACTURING PLANT OPERATED BY THE MONTROSE CHEMICAL CORPORATION OF CALIFORNIA ( MONTROSE ) WITH THE PARTICIPATION OF CHRIS CRAFT INDUSTRIES, INC., AND STAUFFER CHEMICAL COMPANY, INC. THE MONTROSE DDT MANUFACTURING PLANT WAS LOCATED ON A 13-ACRE PARCEL NEAR TORRANCE, CALIF., UNTIL IT WAS DISMANTLED BEGINNING IN 1982. THE AREA HEREINAFTER REFERRED TO AS THE SITE OR THE MONTROSE SITE INCLUDES THE 13-ACRE PARCEL AND THE FORMER MANUFACTURING PLANT. LARGE AMOUNTS OF DDT AND CONSTITUENT CHEMCIALS USED IN THE MANUFACTURING PROCESS WERE RELEASED FROM THE SITE OVER A SPAN OF APPROXIMATELY 35 YEARS. RELEASES ARE STILL CONTINUING BECAUSE OF THE PRESENCE OF CONTAMINATED SOILS. THE PLUME OF CONTAMINATED GROUND WATER UNDERLYING THE SITE IS EXTENSIVE AND CONTINUES TO MIGRATE. WITHOUT APPROVAL FROM EPA, MONTROSE PLACED A TEMPORARY ASPHALT CAP OVER THE SITE IN 1984 AND 1985. SUBSEQUENTLY, MONTROSE AND EPA ENTERED INTO AN ADMINISTRATIVE CONSENT ORDER WHICH REQUIRES MONTROSE TO PERFORM THE REMEDIAL INVESTIGATION AND FEASIBILITY STUDY ( RI/FS ) FOR THE SITE AND ADJACENT CONTAMINATED AREAS, THE CONSENT ORDER WAS FIRST ENTERED INTO IN 1986 AND HAS BEEN MODIFIED TWICE SINCE THEN PURSUANT TO NEGOTIATION BETWEEN MONTROSE AND EPA. FUTURE REMEDIAL EFFORTS AT AND NEAR THE SITE WILL INCLUDE TREATMENT OF CONTAMINIATED SOILS AND CONTAMINATED GROUND WATER. WHILE EPA HAS NO FIRM COST ESTIMATES FOR THIS WORK (SINCE THE FINAL REMEDY FOR THE SITE HAS NOT YET BEEN SELECTED), SUCH COSTS ARE LIKELY TO BE TENS OF MILLIONS OF DOLLARS. NOTE: FOUR OF THE DEFENDANTS (WESTINGHOUSE ELECTRIC CORPORATION, POTLATCH CORPORATION, SIMPSON PAPER COMPANY, AND COUNTY SANITATION DIST. #2 OF LOS ANGELES), ARE NOT PART OF EPA'S CASE AGAINST MONTROSE CHEMICALS'S SUPERFUND SITE FOR NATURAL RESOURCE DAMAGES. THAT SUIT HAS BEEN FILED BY NOAA, AND CALIFORNIA STATE FISH AND GAME. --------------------------------------------------------- ADDITIONAL SUMMARY: THE CASE WAS FILED BY DOJ IN 1990. ALL ORIGINALLY NAMED DEF- ENDANTS, WITH THE EXCEPTION OF THE DDT DEFENDANTS, ENTERED INTO PRIOR CONSENT DECREES WITH THE UNITED STATES AND THE STATE. THE DDT DEFENDANTS WERE SUED BY THE UNITED STATES AND THE STATE OF CALIFORNIA IN THE UNITED STATES V. MONTROSE CASE BECAUSE THESE ENTITIES OWNED OR OPERATED THE MONTROSE CHEMICAL DDT MANUFACTURING PLANT AT 20201 NORMANDIE AVENUE IN LOS ANGLES COUNTY, CALIFORNIA FROM 1947 UNTIL 1982. HAZARDOUS SUBSTANCES, INCLUDING DDT, WERE RELEASED FROM THESE OPERATIONS CONTAMINATING THE SOIL AND GROUNDWATER AT THE PLANT PROPERTY, NEARBY AREAS AND A PORTION OF THE OCEAN KNOWN AS THE PALOS VERDES SHELF. IN ADDITION TO OTHER CLAIMS, THIS ACTION SOUGHT REIMBURSEMENT OF RESPONSE COSTS INCURRED BY EPA AND THE STATE ( PAST RESPONSE COSTS ) PURSUANT TO CERCLA 107. THE CASE WENT TO TRIAL IN THE U.S. DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA ON OCT. 17, 2000. ON OCT. 19, 2000 DURING THE THIRD DAY OF THE TRIAL, THE COURT APPROVED A PARTIAL CONSENT DECREE SETTLING THE PAST RESPONSE COSTS FOR THE ONSHORE AREA FOR $5,125,000.00. ON MARCH 14, 2001, THE COURT APPROVED A 2ND PARTIAL CONSENT DECREE RESOLVING CLAIMS OF EPA AND THE CERCLA NATURAL RESORCE TRUSTEES RELATED TO THE PALOS VERDES SHELF. ON MAY 10, 2001, THE DEFENDANTS COMPLIED WITH THE TERMS OF THAT SETTLEMENT, PAYING TO EPA $33 MILLION TO BE PLACED IN AN EPA REGION 9 SUPERFUND SPECIAL ACCOUNT, AND AN ADDITIONAL $10 MILLION WAS A

Defendants (17)

• WESTINGHOUSE ELECTRIC CORPORATIONNamed in complaint
• GOODYEAR TIRE AND RUBBER
• ICI AMERICAN HOLDINGS, INC.Named in complaint
• MONTROSE CHEMICAL CORPORATION, OF CALIF.Named in complaintNamed in settlement
• POTLATCH CORPORATIONNamed in complaint
• SHELL OIL COMPANY
• SIMPSON PAPER COMPANYNamed in complaint
• STAUFFER MANAGEMENT CO.Named in complaint
• U.S. GENERAL SERVICES ADMINISTRATION
• UNIROYAL INCORPORATED
• 3M
• ATKEMIX THIRTY-SEVEN, INC.Named in complaintNamed in settlement
• AVENTIS CROP SCIENCE USANamed in settlement
• CADILLAC FAIRVIEW/CALIFORNIA INC.
• CHRIS-CRAFT INDUSTRIES, INC.Named in complaintNamed in settlement
• COUNTY SANITATION DIST. #2 LOS ANGELESNamed in complaint
• DOW CHEMICAL COMPANY

Facilities (1)

• MONTROSE CHEMICAL (MONTROSE SUPERFUND SITE)

  20201 SOUTH NORMANDIE AVENUE, TORRANCE, CA, 90502

  Registry ID: 110002630608

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (4)

• MONTROSE - 1ST PARTIAL CONSENT DECREEentered 2000-10-20

  Primary law: CERCLA

• MONTROSE - 2ND PARTIAL CONSENT DECREEentered 2001-03-14

  Primary law: CERCLA

• MONTROSE - 4TH PARTIAL CONSENT DECREEentered 2002-06-24

  Primary law: CERCLA

• MONTROSE - 3RD PARTIAL CONSENT DECREEentered 2002-06-24

  Primary law: CERCLA

Timeline (5 milestones)

• 1990-05-21Enforcement Action Data Entered
• 1990-06-15Referred To Dept Of Justice
• 1990-06-19Complaint Filed With Court
• 2001-12-21Final Order Lodged
• 2002-06-24Final Order Entered